Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-06-16
The North Carolina Case.

The truth OF General GRANTS celebrated
dictum that the best way to get rid Of bad
lsw Is TO execute it rigidly may possibly
be eXemphfCd after fashion in the results
flowing from Jtdce BOND'S usurpltionS OF
Jurisdiction in cases which he has no right
10 have in his court. His decision in the
North Carolina ease 10 which we referred
few DAYS ago may aid Virginia in her efforts
to get out oftbe unconstitutional trdmmels
in which she i now bound.
The suit we refer to was brought, as we
have heretofore stated, by \. II. TEMPLE,
Of Ra,eirb, in the interest Of MoRToy,
BLISS X Co., OF New York, and other hold
ers OF the speclal.tsX bonds OF the state is
sued in 1869. The payment of the bonds
TO the amount Of Sl0,00O,0O0 was secured
by tax OF ! per cent, which the State
promised TO levy on all real and personal
prorerty IN the STATE. The object OF the
suit " a. 10 compel the levy of this tax to
cover tie principal and about 90 per cent.
accrued interest due on the original special
Tux bonds. BOND holds the act stopping
the collection null and void, and orders the
SCENTS Of the State 10 proceed 10 collect the
taxes ard pay tie interest. His associate
circuit Judge ssents, and the case will 90
up 10 the SuWe Nc Court Of the United
states. In order to justify his assumption
OF jurisdiction in the case, BOND decided
that a citizen Of any State has the right I'M
der the Constitution OF the United states to
sue his own State.
This case ought TO have the effect OF
orenibg the eye, OF the justices OF the SUI
urtme Court of the United States to the fact
that TO allow a state IL be sued by its own
citizfns, D. in the North Carolina case, or
through rs officers, as in several Virginia
csse,, j. to render not only tue eleventh
aliicle Of the amendments but the whole
Constitution OF the United States "a mere
Jingle Ct words" Judge BOND held that
State might he sued in the Federal courts
by us own citizens, and on that ground
sssun cd Jurisdiction in the TEMPLE case.
But be might have based his jurisdiction
upon the ground that inasmuch aS suing
Slalt tluNtlc N"N hOt GUMS - 'N~'Nf III
hsd the right to order The States officers to
pToceed TO collect the taxes to pay the in
terest upon the repudiated bonds.
How long will BONDS order hold good:
The bonds probably have fifteen or twenty
years TO Iun, thus rendering his decision
ridiculous and farclcal. Does he expect TO
"run" The State OF North Carolina for
twenty years. collect and disburse
taxes all that time?
We take II for granted that II BoND's de.
eisiou were sustsined by the supreme Court
OF the United States the collecting officers
m North Carolina would all resign. What
would BOND Go them Would he under
tale TO appoint collectors for the State! II
moi. what would his decision be worth 10
tie bondholders;
But the Supreme Court OF the United
states win not affirm BOND's decision IN
the North Carolina case. The precipicc is
100 plainly in sight. And In refusing to
20 to the lengths that BOND is willing to go
10 In that case that court will have occasion
TO review lis decisions in the Virginia cou'
pom cases. And, therefore, we hope that
good results, not bad ones, will follow the
unjust decision 81 BOND ia the North Caro-
lima casP